Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016-2017 Repeal

Overview

The Defence Act 1903, amended by the Woomera Prohibited Area Rule 2014, was enacted by the Australian Parliament to manage and regulate the Woomera Prohibited Area, particularly focusing on the security and operational needs of Defence within this region. The Act, through its subsidiary legislation, provides a framework for determining exclusion periods for specific zones within the area, aiming to balance the security requirements with the administrative needs of permit holders. The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016-2017 Repeal was introduced to adjust administrative practices by removing certain exclusion periods that had been previously set for the Green Zone. This repeal was enacted without the need for consultation as it was deemed an internal administrative process. The repeal ensures that permit holders have clearer access to the Woomera Prohibited Area by eliminating specific exclusion periods, which was intended to streamline administrative processes without adversely affecting any rights or freedoms of individuals as recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016-2017 Repeal applies to the exclusion periods specified for the Green Zone in the Woomera Prohibited Area, which is managed under the Defence Act 1903. This repeal affects permit holders who have been restricted from entering the Green Zone during certain dates within the financial year 2016-2017. The Minister for Defence has delegated the power to determine these exclusion periods, and the repeal removes specific exclusion periods between 26 February 2017 and 11 March 2017, thereby allowing permit holders to access the Woomera Prohibited Area during these times. The repeal is administrative in nature and does not require consultation. It is compatible with human rights as it does not adversely affect any rights or freedoms of individuals, instead potentially facilitating better access to the area.

Key Provisions

The main operative sections of the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016-2017 Repeal are the provisions that repeal the original Determination and remove the exclusion periods for the Green Zone between 26 February 2017 and 11 March 2017 (Attachment 1). This repeal allows permit holders to enter the Woomera Prohibited Area during these previously restricted dates, thereby altering the terms of their access rights under the original Determination (subsection 8(1)). The Act imposes specific obligations on the parties and entities it governs. The Minister for Defence, under subsection 8(1), is responsible for determining the exclusion periods for the Green Zone within the Woomera Prohibited Area for each financial year. This power has been delegated, but the authority remains with the Minister. The removal of the exclusion periods for the Green Zone, as outlined in the repealed Determination, is an administrative decision made in accordance with the Act's provisions, ensuring that any changes to permit conditions are formally communicated and implemented. Any breach of the provisions in this legislation could result in legal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of regulations governing the Woomera Prohibited Area could lead to fines or other sanctions under the Defence Act 1903. The repealed Determination itself did not specify penalties for non-compliance, but any subsequent regulations or rules that might be issued under the Act could include provisions for enforcement and penalties. The compatibility statement asserts that the repeal does not adversely affect any human rights, thereby avoiding potential human rights-based challenges.